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Chapter 3.2. California Occupational Safety and Health Regulations (CAL/OSHA)
Subchapter 2. Regulations of the Division of Occupational Safety and Health

Article 11. License Requirements--Crane and Derrick Certification

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§344.61. License and Approval--Application Form and Applicant Qualifications.

(a) A license to certify cranes pursuant to this article may be obtained by submitting a completed application to the Division and successfully completing a written examination as set forth herein. Application forms may be obtained by calling the Headquarters offices of the Division or by written request to Post Office Box 603, San Francisco, California 94101.

(1) An applicant seeking a license must satisfy one of the following criteria:

(A) Be an agency or person satisfying the definition of "certificating agency" as set forth in section 4885 of title 8 of the California Code of Regulations, or,

(B) Be an agency or person qualified to certify cranes pursuant to section 5021(a)(1) of title 8 of the California Code of Regulations who is not a certificating agency as defined but who will be operating under the direct technical supervision of a certificating agency as defined.

(2) All applicants must possess knowledge of sections 4884, et. seq. of Title 8 of the California Code of Regulations, as well as ANSI (American National Standards Institute) and SAE (Society of Automotive Engineers) standards, relating to the design and operation of cranes and derricks, including those specifically applicable to the types of cranes for which a license will be issued. In addition, all applicants must demonstrate at least five years related experience with cranes or derricks. This five years of experience must include not less than two years of crane related field duties such as crane inspection as a crane operator, heavy equipment mechanic, shop foreman, operations supervision, rigging specialist, or mechanical or civil engineer. Related education may be substituted for experience at a ratio of two years of education for one year of experience up to three years.

(A) Individuals who have been approved by the Division pursuant to section 5021(a) of Title 8 of the California Code of Regulations and engaging in the certification of cranes prior to the effective date of this Article may use such periods of time to satisfy the experience requirements of this Part.

(b) Any applicant for a license desiring to employ persons as surveyors to conduct inspections and examinations under the authority and supervision of the license must request that such individuals be approved by the Division in the application for license. Any surveyor desiring to work under the authority and supervision of a licensed certifier must meet the requirements of this subsection and successfully complete a written examination as set forth herein.

(1) To be approved the surveyor must possess knowledge and experience with the specific equipment subject to the license and demonstrate at least five years of related experience as set forth in subsection (a)(2) above. Such surveyors will be approved by the Division to perform certification services only under the authority and supervision of the person issued a license pursuant to this article. Approval of a surveyor pursuant to this subsection does not constitute authorization to engage in certification activities outside the authority of the license.

Note: A person may be considered approved as a surveyor by the Division if the person has been previously approved by the Division as a surveyor under another license issued pursuant to this article and the surveyor will be engaging in the certification of the same type(s) of equipment authorized under the previous license.

(c) In the case of a business entity, such as a corporation, or a business association, a license will be issued only where a designated responsible managing agent of the entity or association has been licensed pursuant to this article. In such cases the license will be valid only so long as the responsible managing agent remains with the entity or association. If the qualifying managing agent should leave the entity or association a new managing agent must meet the requirements of this article and be licensed pursuant thereto.

(d) Application Form. Any application for license and approval will be accepted by the Division upon the filing of a completed application, payment of the application fee and full compliance with all other requirements thereof. All information and attachments shall be given under penalty of perjury. In the case of an entity or agency, all submissions shall be made by a person expressly authorized in writing to act on behalf of the applicant. The application shall include, but not be limited to, the following:

(1) A statement of the types of cranes and/or derricks, including their capacities, the applicant desires to certify pursuant to the license.

(2) A statement of qualifications and experience satisfying at a minimum the criteria set forth in this section as well as any and all other qualifications the applicant wishes the Division to consider.

(3) A list of surveyors, if any, to be approved under the license, including their respective qualifications, whether any have been previously approved by the Division, and the license under which the prior approval was issued.

(4) Any other relevant information the applicant desires to be considered by the Division.

(e) Written examination.

Any qualified applicant and surveyor to be approved under a license must successfully complete a written examination administered by the Division or its authorized representative, as set forth in this section. The Division will evaluate the applicant's qualifications based on the application and the applicant's training, knowledge and experience before allowing participation in the written examination.

Note: An applicant will be considered "qualified" if the qualification and experience requirements of this article are satisfied.

The written examination will address the following, among other things:

(1) Applicable provisions of title 8 of the California Code of Regulations, including operation, testing, inspection and maintenance requirements, and the duties and recordkeeping responsibilities as set forth in this article.

(2) Safe operating and engineering principles and practices with respect to the specific types cranes or derricks subject to the license, including inspection and proof loading requirements.

NOTE: Authority cited. Sections 60.5, 6308 and 7375, Labor Code. Reference: Section 7375, Labor Code.

HISTORY

1. New section filed 7-15-91 as an emergency; operative 7-15-91 (Register 91, No. 44). A Certificate of Compliance must be transmitted to OAL 11-12-91 or emergency language will be repealed by operation of law on the following day.

2. Amendment of subsections (a)(2), (b)(1) and NOTE and new subsection (a)(2)(A) filed 3-18-92; operative 3-18-92 pursuant to Government Code section 11346.2(d) (Register 92, No. 13).

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